Elevators and Lifts General Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/ealgen.htm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Elevators and Lifts General Regulations
made under Section 23 of the

Elevators and Lifts Act

S.N.S. 2002, c. 4

O.I.C. 2003-81 (February 28, 2003), N.S. Reg. 46/2003

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 96/2015

 

Table of Contents

Text of Regulations

General

Citation

Interpretation

Prescribed safety codes

Designation of classes of elevating devices

Exclusions from the application of the Act

Licences for Elevating Devices

Granting or renewal of a licence

Transfer of a licence

Suspension of a licence

Lost or mislaid licence

Submissions for Installation Permit

Submission of drawings and specifications

Filing of approval by other authorities

Certificates of Competency

Classes and scope of certificates of competency

Qualifications required for certificates of competency

Qualifications required for inspectors and other persons who make inspections

Issue of a certificate of competency

Period in force of a certificate of competency

Renewal of a certificate of competency

Reasons for suspension or cancellation

Lost or mislaid certificate of competency

Contractors

Classification of contractors and scope of work

Registration of registered contractor

Suspension or cancellation of registered contractor registration

Inspections

Fees and expenses for inspections

Liability of inspectors

Inspector to keep information confidential

Use, Operation and Maintenance of Elevating Devices

Requirements for use, operation and maintenance of elevating devices

Conduct of persons in or about elevating devices

Notices to be displayed in an elevating device

Additional notice to be displayed in a freight elevator

Lost or mislaid notice

 

Appeals

Appeal Board membership

Filing an appeal

Appeal hearing

Jurisdiction of the Appeal Board

Schedule A - Prescribed Fees

Schedule B - Form of Licence for Elevating Device

General

Citation

1     These regulations may be cited as the Elevators and Lifts General Regulations.

Interpretation

2     (1)    In these regulations,

 

                (a)    “Act” means the Elevators and Lifts Act;

 

                (b)    “bar lift” means a passenger ropeway that pulls passengers by means of anoverhead circulating hauling rope while the passengers remain in contact withthe ground or snow surface;

 

                (c)    “chair lift” means a passenger ropeway by which passengers are carried onchairs that are

 

                         (i)     attached to and suspended from a circulating wire rope, or

 

                         (ii)    attached to a circulating wire rope and supported by a standing wire ropeor other overhead structure;

 

                (d)    “compliance audit” means a review by the Chief Inspector of calculationsheets, work test documentation, inspection reports, condition reports or anyother information that the Chief Inspector requires an owner to submit for thepurpose of obtaining or continuing to hold a licence for an elevating device;

Clause 2(1)(d) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (e)    “condition report” means a report from a registered contractor in the formprescribed by the Chief Inspector, verifying the safe condition and manner ofoperation of an elevating device;

 

                (ea)  “emergency personnel” means a person from an emergency services agency asdefined in the Emergency “911” Act;

Clause 2(1)(ea) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (f)    “enclosed stair platform lift” means a stair platform lift that has its runwayguarded so as to prevent access to it;

 

                (g)    “enclosed vertical platform lift” means a vertical platform lift that has a fullyenclosed runway;

 

                (h)    “existing”, in relation to an elevating device or part thereof, refers to a deviceor part that was installed or for which drawings and specifications wereapproved before these regulations came into force;

 

                (i)     “freight elevator” means an elevating device that is designed and constructed tocarry freight and on which an operator and freight handlers are permitted toride;

 

                (j)     “gondola lift” means a passenger ropeway by which passengers are carried inenclosed cars that are

 

                         (i)     attached to and suspended from a circulating wire rope, or

 

                         (ii)    attached to a circulating wire rope and supported by a standing wire ropeor other overhead structure;

 

                (k)    “lift for persons with physical disabilities” means an elevating device that

 

                         (i)     travels between fixed points of a building structure,

 

                         (ii)    is restricted as to access, speed, travel and type of operation, and

 

                         (iii)   is specifically designed to be used by a person with a physical disability;

 

                (l)     “maintenance” means regularly scheduled work or other action taken to ensurethat an elevating device is and will remain in safe operating condition;

 

                (m)   “material lift” means an elevator that

 

                         (i)     is equipped with a car that moves within a guide system installed at anangle greater than 70º from the horizontal,

 

                         (ii)    serves 2 or more landings,

 

                         (iii)   is restricted as to location, access, speed, travel and type of operation, and

 

                         (iv)   is specifically designed to transport materials that are

 

                                  (A)   automatically loaded or unloaded using an automatic loadingdevice, or

 

                                  (B)   manually loaded or unloaded in a Type A lift in which no personsare permitted to ride, or a Type B lift in which authorized personnelare permitted to ride;

 

                (n)    “moving walk” means an elevating device that moves passengers on anuninterrupted load-carrying surface that remains substantially parallel to itsdirection of motion;

 

                (o)    “new”, in relation to an elevating device or part thereof, refers to a device orpart for which drawings and specifications are registered after these regulationscome into force;

 

                (p)    “passenger elevator” means an elevating device that is designed andconstructed primarily to carry persons;

 

                (q)    “reversible ropeway” means a passenger ropeway by which passengers arecarried in one or more cars that are fixed to a hauling rope that is independentof a track rope, and that reciprocate between terminals;

 

                (r)    “ropetow” means a passenger ropeway where persons grasp a circulatinghauling rope or a handle or similar device attached to the rope and arepropelled while remaining in contact with the ground or snow surface;

 

                (s)    “safety code” means a code or standard prescribed in Section 3;

 

                (t)     “special elevating device” means an elevating device that is not otherwisedefined in these regulations;

 

                (u)    “stage lift” means an elevating device that is used for lifting or loweringpersons or freight in or about a stage or orchestra pit;

 

                (v)    “stair chair lift” means a lift for persons who are physically disabled that isequipped with a passenger-carrying unit in the form of one or two attachedchairs that moves substantially in the direction of a flight of stairs or ramp at amean angle of not more than 45º;

 

                (w)   “stair platform lift” means a lift for persons who are physically disabled that isequipped with a platform that moves substantially in the direction of a flight ofstairs or ramp at a mean angle of not more than 45º;

 

                (x)    “unenclosed stair platform lift” means a stair platform lift that has a partiallyenclosed or unenclosed runway;

 

                (y)    “unenclosed vertical platform lift” means a vertical platform lift that has apartially enclosed or unenclosed runway;

 

                (z)    “vertical platform lift” means a lift for persons who are physically disabled thatis equipped with a platform that moves vertically.

 

       (2)    A “major alteration", for the purpose of the Act and these regulations, means analteration that results in a substantial change to the original design, inherent safety oroperational characteristics of an elevating device or that is defined as a majoralteration in an applicable safety code, and, without limiting the generality of theforegoing, includes any alteration to an elevating device that results in

 

                (a)    an increase in rated speed;

 

                (b)    an increase in rated load;

 

                (c)    an increase or decrease in the dead weight of a car;

 

                (d)    an increase or decrease in travel;

 

                (e)    a change in type of operation;

 

                (f)    a change in type of control;

 

                (g)    a change in size or type of guide rails;

 

                (h)    a change in type of car;

 

                (i)     a change in the counterweight safety;

 

                (j)     the use of a freight elevator to transport employees;

 

                (k)    a change in classification from freight to passenger service;

 

                (l)     a change in power supply;

 

                (m)   replacement of an existing driving machine by a new driving machine;

 

                (n)    a change in location;

 

                (o)    replacement of the existing controller or control equipment;

 

                (p)    the addition of a control or safety feature required in an amendment to a safetycode; or

 

                (q)    a change in an existing car enclosure.

 

       (3)    For the purpose of clause 5(b) of the Act, “mechanic in training” means a personwho is currently enrolled in an approved mechanics education program and iscurrently working under the supervision of a mechanic.

 

       (4)    In subsection 6(3) of the Act, “directly supervised” means supervised by a personwho is on site and available to assist and supervise the person requiring supervision.

Subsection 2(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

Prescribed safety codes

3     (1)    The new installation, major alteration or maintenance of an elevating device must beconducted in accordance with the following safety codes, as applicable:

 

                (a)    CSA Standard B44, Safety Code for Elevators, as amended from time to time;

 

                (b)    CSA Standard Z185, Safety Code for Personnel Hoists, as amended from timeto time;

 

                (c)    CSA Standard Z256, Safety Code for Material Hoists, as amended from timeto time;

 

                (d)    CSA Standard B311, Safety Code for Manlifts, as amended from time to time;

 

                (e)    CSA Standard B355, Safety Code for Lifts for Persons with PhysicalDisabilities, as amended from time to time;

 

                (f)    CSA Standard Z98, Passenger Ropeways, as amended from time to time;

 

                (g)    CSA Standard B613, Private Residence Lifts for Persons with PhysicalDisabilities, as amended from time to time;

 

                (h)    CSA Standard B44.1, Elevators and Escalators Electrical Equipment, asamended from time to time;

 

                (i)     CSA Standard C22.1, Canadian Electrical Code Part 1, Safety Standards forElectrical Installations, as amended from time to time;

 

                (j)     ASME standard A17.2, “Guide for Inspection of Elevators, Escalators andMoving Walkways”, as amended;

Clause 3(1)(j) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

                (k)    ASME standard QEI-1-2004, “Standard for Qualification of ElevatorInspectors”, as amended.

Clause 3(1)(k) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (2)    Despite subsection (1), the Chief Inspector may accept another safety code thatprovides for a standard of safety equal to or greater than the standard of safetyprovided for in a safety code prescribed in subsection (1).

Designation of classes of elevating devices

4     The following classes of elevating devices are designated for the purposes of the Act andthese regulations:

 

                (a)    elevators, comprising

 

                         (i)     passenger elevators,

 

                         (ii)    freight elevators, and

 

                         (iii)   material lifts;

 

                (b)    dumbwaiters;

 

                (c)    escalators;

 

                (d)    moving walks;

 

                (e)    lifts for persons with physical disabilities, comprising

 

                         (i)     stairchair lifts,

 

                         (ii)    enclosed stair platform lifts,

 

                         (iii)   unenclosed stair platform lifts,

 

                         (iv)   enclosed vertical platform lifts, and

 

                         (v)    unenclosed vertical platform lifts;

 

                (f)    manlifts;

 

                (g)    passenger ropeways, comprising

 

                         (i)     bar lifts,

 

                         (ii)    chair lifts,

 

                         (iii)   gondola lifts,

 

                         (iv)   reversible ropeways, and

 

                         (v)    ropetows;

 

                (h)    construction and material hoists;

 

                (i)     incline lifts;

 

                (j)     stage lifts; and

 

                (k)    special elevating devices.

Exclusions from the application of the Act

5     In addition to the devices and machines identified in Section 3 of the Act, the Act does notapply to

 

                (a)    dumbwaiters that have a car floor or platform frame area of 0.2787 m2 (3 ft.2)or less, and maximum capacity of 45 kg (100 lbs.) or less;

 

                (b)    devices that have a travel length of 2000 mm (79 in.) or less and are used onlyfor the transfer of material or equipment;

 

                (c)    elevating devices that are used for agricultural purposes only and are

 

                         (i)     installed in or adjacent to a barn, and

 

                         (ii)    used exclusively by the proprietor or the tenant of the barn;

 

                (d)    vehicle lubrication hoists, automotive or industrial lubricating hoists andsimilar devices;

 

                (e)    freight ramps that have a means for adjusting the slope of the ramp;

 

                (f)    lift bridges and wharf ramps;

 

                (g)    appliances that feed materials into or position materials at machine toolpresses, furnaces, or other processing plants;

 

                (h)    hoists that are used for raising or lowering materials and are fitted withunguided hooks, slings or similar means for attachment to the materials;

 

                (i)     swing stages and window washing equipment;

 

                (j)     a ship or vessel, unless it is permanently moored and used by the public, orunless the owner requests in writing that the Act apply to it; and

 

                (k)    platform elevators that are installed in a ship or offshore drilling rig and used toload and unload cargo, equipment and personnel.

Licences for Elevating Devices

Granting or renewal of a licence

6     (1)    A licence for an elevating device may be granted or renewed under subsection 11(1)of the Act only if

 

                (a)    the Chief Inspector receives from the owner

 

                         (i)     a completed application or renewal application in a form prescribed bythe Chief Inspector,

 

                         (ii)    the applicable fee prescribed in Schedule A,

 

                         (iii)   a condition report, and

 

                         (iv)   additional information required by the Chief Inspector in order tocomplete a compliance audit of the elevating device; and

Subclause 6(1)(a)(iv) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.                                                            

 

                (b)    the Chief Inspector is satisfied that the elevating device

 

                         (i)     complies with the Act and these regulations, and

 

                         (ii)    is likely to be operated in a safe condition and manner.

 

       (2)    A licence for an elevating device must be in the form prescribed in Schedule B.

 

       (3)    A licence for an elevating device is valid until the expiry date on the licence, for amaximum term of 3 years, unless the licence is suspended sooner.

Subsection 6(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

Transfer of a licence

7     (1)    Subject to subsection (2), a licence may be transferred under subsection 11(1) of theAct only if

 

                (a)    the Chief Inspector receives from the owner of the elevating device for whichthe licence was granted

 

                         (i)     a completed application in a form prescribed by the Chief Inspector,

 

                         (ii)    the fee prescribed in Schedule A for the transfer of a licence, and

 

                         (iii)   a condition report dated within the 12 months immediately preceding theapplication; and

 

                (b)    the Chief Inspector is satisfied that the elevating device for which the licencewas granted

 

                         (i)     complies with the Act and these regulations, and

 

                         (ii)    is likely to be operated in a safe condition and manner after the transfer.

 

       (2)    The Chief Inspector must not transfer a licence

 

                (a)    while it is suspended;

 

                (b)    if the Chief Inspector believes on reasonable grounds that any of the conditionsfor suspension prescribed in Section 8 are present; or

 

                (c)    if the applicant for transfer is in arrears in paying any fee or expense for whichthe applicant is liable under the Act or these regulations.

Suspension of a licence

8     A licence for an elevating device may be suspended under subsection 11(1) of the Act if

 

                (a)    the Chief Inspector believes on reasonable grounds that the elevating device isbeing operated in violation of the provisions of the Act or these regulations;

 

                (b)    a major alteration of the elevating device has been commenced;

 

                (c)    the owner of the elevating device has failed to comply with a notice or order ofan inspector, or has failed to file condition reports as required by the ChiefInspector;

Clause 8(c) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

[Note: N.S. Reg. 218/2005 cites clause 8(a) as being amended, but the phrase replaced (“an annual conditionreport”) only occured in clause 8(c).]

 

                (d)    the owner of the elevating device is in arrears for more than 14 days in payingany fee or expense for which the owner is liable under the Act or theseregulations; or

 

                (e)    the elevating device is sealed out of service by an inspector.

 

9     (1)    If the Chief Inspector suspends a licence for an elevating device under subsection11(1) of the Act, the Chief Inspector must give the owner a notice setting forth

 

                (a)    every condition under which the Chief Inspector suspended the licence; and

 

                (b)    the effective date of the suspension,

 

and upon receipt of the notice, the owner must immediately return the licence to theChief Inspector.

 

       (2)    Upon being satisfied that every condition under which the licence for an elevatingdevice was suspended has been fully remedied, the Chief Inspector may make anorder in writing discontinuing the suspension and, if made, must give the owner ofthe elevating device a true copy of the order.

 

       (3)    A true copy of an order required to be given under subsection (2) must include therequirement that the owner pay the licence reinstatement fee prescribed in ScheduleA.

 

       (4)    A licence that has been suspended continues to be suspended until the ChiefInspector receives payment of the licence reinstatement fee.

 

       (5)    Despite subsections (3) and (4), no licence reinstatement fee is payable if the licencewas suspended for a major alteration to the elevating device and the owner hascomplied with the Act and regulations in carrying out the major alteration.

Lost or mislaid licence

10   If a licence for an elevating device is lost or mislaid, or so damaged that it is unusable, areplacement may be supplied upon payment of the applicable fee prescribed in ScheduleA.

Submissions for Installation Permit

Submission of drawings and specifications

11   (1)    Drawings and specifications submitted for registration under subsection 12(1) of theAct must be

 

                (a)    in the form prescribed by the Chief Inspector; and

 

                (b)    accompanied by the applicable fee prescribed in Schedule A.

Filing of approval by other authorities

12   Approval from a municipal fire inspector or the Fire Marshal’s office to install a stairchairlift or stair platform lift in a stairway must be filed with the Chief Inspector.

Certificates of Competency

Classes and scope of certificates of competency

13   For the purposes of the Act and these regulations, the classes and scope of certificates ofcompetency are as follows:

 

                (a)    Class A Certificate of Competency, which

 

                         (i)     designates a mechanic working for or as a registered contractor inconstructing, installing, altering, repairing, maintaining, servicing,inspecting, examining and testing elevating devices, and

 

                         (ii)    covers all classes of elevating devices with the exception of passengerropeways;

 

                (b)    Class B Certificate of Competency, which

 

                         (i)     designates a mechanic working for or as a registered contractor solely inconstructing, installing, altering, repairing, maintaining, servicing,inspecting, examining and testing lifts for persons with physicaldisabilities, and

 

                         (ii)    is restricted to stair chair lifts, stair platform lifts and vertical platformlifts; and

 

                (c)    Class C Certificate of Competency, which designates a mechanic working foror as a registered contractor solely in constructing, installing, altering,repairing, maintaining, servicing, inspecting, examining and testing passengerropeways.

Qualifications required for certificates of competency

14   The qualification requirements for an applicant for a certificate of competency are

 

                (a)    for a Class A Certificate of Competency, successful completion of a 4-yearprogram of practical skills and theoretical training as provided by the CanadianElevator Industry Education Program or another equivalent educationalprogram acceptable to the Chief Inspector;

 

                (b)    for a Class B Certificate of Competency, successful completion of a 2-yeartraining program similar to the program described in clause (a), or anotherequivalent educational program or sections of a program acceptable to theChief Inspector;

 

                (c)    for a Class C Certificate of Competency,

 

                         (i)     documented proof of at least 5 years of work in constructing, installing,altering, repairing, maintaining and servicing passenger ropeways, with aminimum of 1000 hours of work per year,

 

                         (ii)    an affidavit from the applicant’s employer verifying the applicant’scompetency to carry out their duties as a passenger ropeway mechanic,including but not limited to any practical skills gained from technicaltraining the applicant may have taken, and

 

                         (iii)   successful completion of the lift mechanic training courses approved bythe passenger ropeway industry and the Chief Inspector.

Qualifications required for inspectors and other persons who make inspections

15   (1)    To qualify to be appointed as an inspector, a person must hold a Class A Certificateof Competency and show proof of having had training and experience in the design,construction, maintenance and inspection of elevating devices that, in the ChiefInspector’s opinion, is sufficient to enable the person to discharge their dutiescapably.

 

       (2)    Within 2 years of being appointed as an inspector, a person must take the necessarysteps to become certified by the National Association of Elevator Safety Authoritiesand receive a Qualified Elevator Inspector Certification issued by the NationalAssociation of Elevator Safety Authorities.

Subsection 15(2) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    To qualify to make inspections under the Act, a person who is not an inspector musthold a certificate of competency that is valid for the class of elevating device that theperson is to inspect.

Issue of a certificate of competency

16   (1)    The Chief Inspector may issue a certificate of competency upon receipt from theapplicant of

 

                (a)    a completed application in the form prescribed by the Chief Inspector;

 

                (b)    proof that the applicant meets the qualification requirements in Section 14 forthe class of certificate for which they are applying; and

 

                (c)    if the applicant is not an inspector, the certificate of competency application feeprescribed in Schedule A.

 

       (2)    A Certificate of Competency may be in a form approved by the Chief Inspector.

 

       (3)    Despite subsection (1), the Chief Inspector may issue a Class A Certificate ofCompetency to

 

                (a)    a person who worked in constructing, installing, altering, repairing,maintaining or servicing elevating devices prior to the coming into force ofthese regulations, if the person

 

                         (i)     provides documented evidence that they have been working as describedduring a continuous period up to the effective date of these regulations,for a total of at least 10 000 hours of work,

 

                         (ii)    provides documented evidence acceptable to the Chief Inspector of theirpractical skills and any related technical training, and

 

                         (iii)   successfully passes an examination provided for that purpose by theCanadian Elevator Industry Education Program or another equivalenteducational program acceptable to the Chief Inspector; or

 

                (b)    an out-of-Province applicant who shows documented evidence that theapplicant meets the requirements in clause (a).

Period in force of a certificate of competency

17   A certificate of competency is valid until the expiry date on the certificate, for a maximumterm of 3 years, unless the certificate is suspended or cancelled sooner.

Section 17 replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

Renewal of a certificate of competency

18   (1)    The Chief Inspector may renew a certificate of competency issued to an inspector,with no requirement for submission of an application or payment of a renewal fee bythe inspector, provided that the requirements set out in subsection 15(2) are met.

Subsection 18(1) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (2)    The Chief Inspector may renew a certificate of competency issued to a person otherthan an inspector upon receipt from the person of

 

                (a)    an application in the form prescribed by the Chief Inspector; and

 

                (b)    payment of the renewal of certificate of competency fee prescribed in ScheduleA.

Subsection 18(2) amended: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    If a certificate of competency issued to a person other than an inspector is notrenewed under subsection (2), the Chief Inspector may, at any time within the 12months following the expiry date, reinstate the certificate upon receipt from theperson of an application and renewal fee as required in subsection (2).

 

       (4)    If a person other than an inspector fails to renew or have reinstated a certificate ofcompetency under subsection (2) or (3), any subsequent application is subject to theapplication requirements in subsection 16(1) for the issue of a certificate.

Reasons for suspension or cancellation

19   The Chief Inspector may suspend, cancel or refuse to renew a certificate of competency ifsatisfied that the holder of the certificate

 

                (a)    is not competent or lacks reasonable skills;

 

                (b)    has failed to comply with a relevant enactment;

 

                (c)    has been wilfully negligent in making an inspection;

 

                (d)    has knowingly falsified an inspection report; or

 

                (e)    if an inspector, has a direct or indirect interest in the manufacture, sale,installation or maintenance of elevating devices.

Lost or mislaid certificate of competency

20   If a certificate of competency is lost or mislaid, or so damaged that it is unusable, areplacement may be supplied upon payment of the applicable fee prescribed in ScheduleA.

Contractors

Classification of contractors and scope of work

21   (1)    The classes of registered contractors are as follows:

 

                (a)    Class A, designating a registered contractor who

 

                         (i)     is involved in constructing, installing, altering, repairing, maintaining,servicing, inspecting, examining and testing all classes of elevatingdevices designated in these regulations except passenger ropeways, and

 

                         (ii)    employs mechanics with Class A Certificates of Competency;

 

                (b)    Class B, designating a registered contractor who

 

                         (i)     is solely involved in constructing, installing, altering, repairing,maintaining, servicing, inspecting, examining and testing lifts for personswith physical disabilities, and

 

                         (ii)    employs mechanics with Class B Certificates of Competency;

 

                (c)    Class C, designating a registered contractor who

 

                         (i)     is solely involved in constructing, installing, altering, repairing,maintaining, servicing, inspecting, examining and testing of passengerropeways, and

 

                         (ii)    employs mechanics with Class C Certificates of Competency;

 

                (d)    Class D, designating a registered contractor who

 

                         (i)     is solely involved in examining all classes of elevating devicesdesignated in these regulations except passenger ropeways, and

 

                         (ii)    holds, or employs a person who holds, in lieu of a Class A or BCertificate of Competency, a Qualified Elevator Inspector Certificationissued by the National Association of Elevator Safety Authorities.

Registration of registered contractor

22   (1)    The Chief Inspector may register a person in one of the classes of registeredcontractors designated in Section 21, if the person submits an application in the formprescribed by the Chief Inspector and pays the registration of contractor feeprescribed in Schedule A,

 

                (a)    if the person holds a contractor registration granted under the previousElevators and Lifts Act and regulations, prior to the expiry date of their existingregistration as set out in subsection 37(2); or

 

                (b)    if the person is a new registrant, before commencing to work as a registeredcontractor.

 

       (2)    A registration is valid until the expiry date on the registration, for a maximum termof 3 years, unless the registration is suspended or cancelled sooner.

Subsection 22(2) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    The Chief Inspector may renew the registration of a registered contractor if, prior tothe expiry date, the registered contractor submits to the Chief Inspector

 

                (a)    a renewal application in the form prescribed by the Chief Inspector; and

 

                (b)    the registration of contractor renewal fee prescribed in Schedule A.

Suspension or cancellation of registered contractor registration

23   The Chief Inspector may suspend or cancel the registration of a registered contractor if theChief Inspector is satisfied that the registered contractor, or an employee of the registeredcontractor,

 

                (a)    has violated or failed to comply with the Act or these regulations;

 

                (b)    has caused or permitted an elevating device under their control to be used in anunsafe condition or while overloaded;

 

                (c)    has performed work on or about an elevating device or machine in a mannerthat has impaired the safe operation of the device or machine or may haveendangered the safety of persons or freight on or about the device;

 

                (d)    has knowingly permitted any subcontractor or employee of a subcontractor toperform work under the subcontract in a manner likely to impair the safety ofpersons or freight on or about the elevating device;

 

                (e)    has worked or acted in or about an elevating device while impaired by alcoholor drugs; or

 

                (f)    has knowingly permitted any subcontractor or employee of a subcontractor towork or act in or about an elevating device while impaired by alcohol or drugs.

Inspections

Fees and expenses for inspections

24   (1)    If an inspector or a person employed by the Chief Inspector under Section 4 of theAct inspects an elevating device, the owner must pay the applicable fee prescribed inSchedule A whether the inspection is

 

                (a)    required by the inspector or the Chief Inspector; or

 

                (b)    requested by the owner of the elevating device for the purpose of

 

                         (i)     an application for the grant or transfer of a licence,

 

                         (ii)    a request for discontinuance of a suspension of the licence,

 

or any other object.

 

       (2)    An owner must pay the same fee for an additional inspection as is required undersubsection (1) if

 

                (a)    an inspector or the Chief Inspector determines that an inspected elevatingdevice is not in a condition to justify the grant or transfer of the licence or thediscontinuance of a suspension of the licence; and

 

                (b)    the owner requests the additional inspection.

Liability of inspectors

25   (1)    No action or other proceedings for damages lies or may be instituted against aninspector for an act or omission done by the inspector in good faith in the executionof any power or duty under the Act or these regulations.

 

       (2)    Subsection (1) does not relieve the government of liability for a tort committed by aninspector to which it would otherwise be subject.

Inspector to keep information confidential

26   An inspector must not disclose and cannot be compelled to disclose any information orrecords received or made in the course of the inspector’s duties under the Act or theseregulations, unless

 

                (a)    in the Chief Inspector’s opinion, the disclosure is necessary for theadministration of the Act or these regulations;

 

                (b)    the person to whom the information or record relates consents to thedisclosure;

 

                (c)    the information is required in court proceedings; or

 

                (d)    the disclosure is required by another enactment.

Use, Operation and Maintenance of Elevating Devices

Requirements for use, operation and maintenance of elevating devices

27   (1)    An owner of an elevating device must ensure that the elevating device

 

                (a)    is used or operated, or permitted to be used or operated so that

 

                         (i)     the safety of persons and freight on or near it is ensured, and

 

                         (ii)    it will not travel beyond, or deviate from, the safe limits of its fixedposition or proper line of travel;

 

                (b)    is maintained so that

 

                         (i)     the safety of persons and freight on or near it is ensured, and

 

                         (ii)    it will not travel beyond, or deviate from, the safe limits of its fixedposition or proper line of travel.

 

       (2)    The maximum capacity of an elevating device is as

 

                (a)    determined by the Chief Inspector following a review of the drawings andspecifications that have been registered for the installation or major alterationof the elevating device; or

 

                (b)    specified by its manufacturer and set out in the drawings and specifications thathave been registered for the installation or major alteration of the elevatingdevice.

 

       (3)    The licence for an elevating device must designate the maximum capacity of theelevating device as 1 or more of the following:

 

                (a)    the total number of persons;

 

                (b)    the total weight in kilograms or pounds;

 

                (c)    the number of persons per hour.

Subsection 27(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    The owner of an unlicenced elevating device, except a new installation during itsconstruction phase, must ensure that

 

                (a)    a seal is placed on the elevating device by an inspector to seal the elevatingdevice out of service; and

 

                (b)    the elevating device remains sealed at all times.

Subsection 27(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

Conduct of persons in or about elevating devices

28   No person shall act in or about an elevating device in a manner that may

 

                (a)    impair the safe operation of the elevating device; or

 

                (b)    endanger their safety or the safety of another person or any freight.

 

29   (1)    No person shall remove, displace, interfere with, or damage any device installed inor about an elevating device for its safe operation, unless required to do so by

 

                (a)    an inspector;

 

                (b)    a registered contractor; or

 

                (c)    a mechanic,

 

for the purpose of making a test or repair.

 

       (2)    If a safety device has been removed, displaced, interfered with, or damaged, eitherunder or in violation of subsection (1),

 

                (a)    the elevating device must not be entered, used or operated for any purposeother than inspection, testing, or repair, until the safety device has beenrestored to good working order, and

 

                (b)    the owner, the inspector who is making the inspection, or the registeredcontractor or mechanic who is making the test or repair must take such actionas they consider necessary to prevent the elevating device from being entered,used or operated except as permitted by clause (a).

 

       (3)    Despite subsection (1), emergency personnel may remove, displace, interfere with ordamage any device installed in or about an elevating device or interfere with its safeoperation, if it is for the sole purpose of permitting them to perform an emergencyrescue.

Subsection 29(3) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    A person must not break or remove an inspector’s seal that is on a safety device orthat is placed to seal an elevating device out of service unless an inspector hasauthorized them to do so.

Subsection 29(4) added: O.I.C. 2005-517, N.S. Reg. 218/2005.

Notices to be displayed in an elevating device

30   (1)    An owner of an elevating device must ensure that a notice respecting the maximumcapacity of the elevating device is conspicuously displayed

 

                (a)    in the load-carrying unit of the elevating device; or

 

                (b)    for an elevating device without a single load-carrying unit, as close aspracticable to the bottom landing of the device.

 

       (2)    The notice respecting maximum capacity must be mounted by means of a metalplate and be in the following form, in letters and numerals not less than 3/4 in.(19.05 mm) high:

MAXIMUMCAPACITY

[numeral representing

number of persons, weight

in kilograms or pounds, or numberof persons per hour, as applicable]

[“PERSONS”, “KG”or“LBS”, or “PERSONSPER HOUR”, asapplicable]

Subsection 30(2) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (3)    Despite subsection (2), if the maximum capacity of an elevating device is designatedon the licence in more than one manner, the notice required by subsection (1) mustinclude all expressions of the maximum capacity, in the following form:

MAXIMUMCAPACITY

[numeral]PERSONS

OR

[numeral]

[“KG” or “LBS”,as applicable]

OR

[numeral] PERSONSPER HOUR

Subsection 30(3) replaced: O.I.C. 2005-517, N.S. Reg. 218/2005.

 

       (4)    An owner is responsible for providing the notice and metal plate for mounting thenotice as required by subsections (1), (2) and (3).

 

       (5)    An owner of an elevating device must ensure that the metal plate provided by theChief Inspector that contains notice of the installation number assigned for theelevating device is securely fastened and conspicuously displayed on the device.

 

       (6)    No person shall use or operate, or cause or permit to be used or operated, anelevating device unless the notices required by this Section are displayed inaccordance with this Section.

Additional notice to be displayed in a freight elevator

31   (1)    In addition to the notices required by Section 30, an owner of a freight elevator mustdisplay a notice in a conspicuous place in the car or other load-carrying unit of thefreight elevator, in the following form and in letters not less than 1 in. (25.4 mm)high:

THIS IS NOT A PASSENGER ELEVATOR

NO PERSONS OTHER THAN

THE OPERATOR AND FREIGHT-HANDLERS

ARE PERMITTED TO RIDE ON THIS ELEVATOR

 

       (2)    An owner is responsible for providing the notice required by this Section.

 

       (3)    No person shall use or operate, or cause or permit to be used or operated, a freightelevator unless the notice required by this Section is displayed in accordance withthis Section.

Lost or mislaid notice

32   If a notice required by Section 30 or 31 is lost or mislaid, or so damaged that it is unusable,a replacement may be supplied upon payment of the applicable fee prescribed in ScheduleA.

Appeals

Appeal Board membership

33   (1)    The Appeal Board shall consist of the following 3 members:

 

                (a)    a mechanic who has been employed as a mechanic for at least 5 years;

 

                (b)    an owner or a representative of an owner; and

 

                (c)    a registered contractor, a professional engineer or an individual who hasprofessional expertise in the installation or maintenance of elevating devices.

 

       (2)    The Minister shall designate 1 Appeal Board member as Chair.

 

       (3)    A member of the Appeal Board holds office for a term not exceeding 3 years andmay be reappointed.

 

       (4)    No person who is a civil servant shall serve on the Appeal Board.

Filing an appeal

34   (1)    A person may appeal to the Appeal Board if they are directly aggrieved by adecision, conditions or an order of the Chief Inspector regarding

 

                (a)    a certificate of competency;

 

                (b)    an application for contractor registration;

 

                (c)    an application for a certificate of competency; or

 

                (d)    a licence or an audit.

 

       (2)    An aggrieved person may appeal in writing to the Appeal Board within 30 calendardays of the date of the issue of the decision, conditions or order being appealed.

 

       (3)    An appeal of a decision, conditions or an order does not suspend the operation of thedecision, conditions or order.

Appeal hearing

35   (1)    The Appeal Board may conduct a hearing orally or in writing.

 

       (2)    The Appeal Board may

 

                (a)    confirm, vary or revoke the decision or order appealed;

 

                (b)    refer a matter back to the Chief Inspector for reconsideration with or withoutdirection; or

 

                (c)    make any decision or order that the Inspector could have made.

 

       (3)    A decision of the majority of the members of the Appeal Board is a decision of theAppeal Board.

 

       (4)    A decision of the Appeal Board must be in writing.

Jurisdiction of the Appeal Board

36   The Appeal Board has exclusive jurisdiction to determine questions of

 

                (a)    law;

 

                (b)    fact; and

 

                (c)    mixed law and fact

 

that arise in any matter before it, and a decision or order of the Appeal Board is final andbinding and not open to review except in the case of an error of law or jurisdiction.

Section 37 repealed: O.I.C. 2005-517, N.S. Reg. 218/2005.

Schedule A - Prescribed Fees

(Elevators and Lifts Act)

Item

Nature of Fee or Circumstance

Amount

1

Grant*, renewal or reinstatement of a licence (includes complianceaudit), per year, for

 

 

(a) a passenger elevator............................................................................

$165.90

 

(b) a freight elevator.................................................................................

$165.90

 

(c) an escalator.........................................................................................

$165.90

 

 

(d) a dumb waiter.....................................................................................

$132.70

 

(e) a manlift.............................................................................................

$165.90

 

(f)  a lift for persons with physical disabilities...........................................

$99.55

 

(g) a rope tow...........................................................................................

$199.05

 

(h) a pony lift...........................................................................................

$199.05

 

(i)  a chair ski lift......................................................................................

$530.75

 

(j)  a T-bar lift..........................................................................................

$464.45

 

(k) a gondola lift......................................................................................

$530.75

 

(l)  a reversible ropeway...........................................................................

$530.75

 

 

 

 
(*For a licence for a new installation applied for after September 1 in any year, the fee for the first year is one-half the applicable amount listed.)

 

 

 

2

Transfer of a licence...............................................................................

$66.35

 

 

 

3

Issue or renewal of a certificate of competency, per year.....................

$66.35

 

 

 

4

Issue of an installation permit, for

 

 

(a) a passenger elevator............................................................................

$289.85

 

(b) a freight elevator.................................................................................

$289.85

 

(c) an escalator.........................................................................................

$289.85

 

(d) a dumb waiter.....................................................................................

$289.85

 

(e) a manlift.............................................................................................

$289.85

 

(f)  a lift for persons with physical disabilities...........................................

$128.80

 

(g) a rope tow...........................................................................................

$161.05

 

(h) a pony lift...........................................................................................

$161.05

 

(i)  a chair ski lift......................................................................................

$515.30

 

(j)  a T-bar lift..........................................................................................

$386.50

 

(k) a gondola lift......................................................................................

$515.30

 

(l)  a reversible ropeway...........................................................................

$515.30

 

 

 

5

Initial registration** of a contractor, for first year...............................

$265.40

 

(**For the initial registration of a contractor applied for after September 1 in any year,the fee for the first year is one-half the applicable amount listed.)

 

 

 

6

Registration or renewal of a registration of a contractor after firstyear, per year..........................................................................................

$132.70

 

 

 

7

Any inspection, per hour, of

 

 

(a) a passenger elevator............................................................................

$128.85

 

(b) a freight elevator.................................................................................

$128.85

 

(c) an escalator.........................................................................................

$128.85

 

(d) a dumb waiter.....................................................................................

$128.85

 

(e) a manlift.............................................................................................

$128.85

 

(f)  a lift for persons with physical disabilities...........................................

$64.45

 

(g) a rope tow...........................................................................................

$128.85

 

(h) a pony lift...........................................................................................

$128.85

 

(i)  a chair ski lift......................................................................................

$128.85

 

(j)  a T-bar lift..........................................................................................

$128.85

 

(k) a gondola lift......................................................................................

$128.85

 

(l)  a reversible ropeway...........................................................................

$128.85

 

 

 

8

Fee for a duplicate of a lost, mislaid or damaged

 

 

(a) licence................................................................................................

$66.35

 

(b) certificate of competency....................................................................

$66.35

 

(c) notice (metal plate-mounted, or label).................................................

$66.35

Schedule A replaced: O.I.C. 2015-96, N.S. Reg. 96/2015.

Schedule B - Form of Licence for Elevating Device

Licence for Elevating Device

Elevators and Lifts Act

20___

This licence for an elevating device is granted under the Elevators and Lifts Act and regulationsto _________________________________ (owner) of  

_____________________________ (address of owner) and authorizes the licensee to operate, orcause or permit to be operated, a _____________________________________________ (type ofelevating device) now installed at _____________________________________________ (location ofelevating device) designated as Installation No. ___________________.

The maximum capacity of the elevating device described above is designated as (select one or more,as applicable):

___________ lbs./kg, or___________ persons, or ___________ persons per hour.

This licence is valid from _________(date) to _____________ (date), unlesssooner suspended.

(Sticker)

Granted at Halifax, in the Province of

Nova Scotia, on

________________________, 20___.